V.K. Shukla, J. - (1.) PRESENT writ petition has been filed by the Petitioner questioning the validity of order dated 18.08.2008 passed by Senior Superintendent of Police, Saharanpur, placing the Petitioner for two years on minimum pay scale and forfeiting the salary for the period of 48 days.
(2.) BRIEF background of the case is that the Petitioner applied for three days leave since 10.05.2007 and left the Head Quarter Sarsawan on 09.05.2007 in the afternoon. On 12.05.2007 his wife committed suicide. His in -laws lodged F.I.R. against the Petitioner and his family, which was registered as case crime No. 137 of 2007, under Section 304B I.P.C. read with Section 3/4 of Dowry Prohibition Act. Petitioner gave this information to Senior Superintendent of Police, Saharanpur and other departmental authorities on 22.05.2007 by speed post as well as by telephonic message. Thereafter, Petitioner was suspended vide order dated 30.06.2007. The Circle Officer conducted preliminary inquiry and sent report to the Senior Superintendent of Police, who recommended for departmental proceedings under Rule 14(1) of the U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991. In the Criminal case, Petitioner was acquitted by the learned Sessions Judge vide judgment and order dated 05.10.2007 and initiated proceeding under Section 340 Code of Criminal Procedure Against the prosecution for registration of false F.I.R. Petitioner joined his duties on 10.10.2007 and started performing his duties with devotion. Thereafter, Petitioner was reinstated in service vide order dated 25.10.2007 by the Senior Superintendent of Police. On 31.03.2008, Petitioner was served with charge sheet dated 03.04.2008, to which Petitioner submitted his reply on 15.04.2008. Thereafter, C.O. City -II, Saharanpur sent a letter dated 12.05.2008 requiring the Petitioner to file his defence, as prosecution evidence was complete. On 26.04.2008 Petitioner gave his reply stating the circumstances under which he could not join his duty. After completing departmental enquiry the Enquiry Officer submitted his report finding the Petitioner prima facie guilty recommended punishment for placing the Petitioner on lower pay scale for two years and forfeiting the salary for the period for which he remained absent on the principle of -No Work No Pay". On 06.07.2008, Senior Superintendent of Police issued two show cause notices to the Petitioner in respect of punishment; one in relation to -No Work No Pay" and the second for placing the Petitioner on lower pay scale for two years. Petitioner submitted separate replies to the aforesaid two notices. Petitioner submits that the Disciplinary Authority without considering the reply imposed punishment placing the Petitioner on lower pay for two years and forfeiting salary for 48 days. Aggrieved, Petitioner filed appeal under Rule 20 of the 1991 Rules, which has been rejected. At this juncture, present writ petition has been filed. Pleadings inter se parties have been exchanged, and thereafter, present writ petition has been taken up for final hearing and disposal with the consent of the parties.
(3.) SRI S.K. Srivastava, learned Counsel for the Petitioner, contended with vehemence that in the present case there were valid reasons for absence of Petitioner from service without applying for leave and such reasons ought to have been considered and the Petitioner ought to have been exonerated in the departmental proceedings, so undertaken against him and consequently, the punishment so awarded, in the facts of the case, is not at all commensurate to the charges, as such writ petition deserves to be allowed.;